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Although the purpose and intent of Subsection 16-1.9 shall be effective at all times, a dog and its dog keeper shall benefit from a limited exception to Subsection 16-1.9. Specifically, the narrow provision of Subsection 16-1.9 prohibiting a dog to run at large in a public place shall be stayed while a dog keeper is supervising his or her dog recreating within the confines of a dog recreation space. As noted in a previous Section, all dogs must be leashed while entering or exiting the dog recreation space and shall remain leashed at all times outside the dog recreation space.
(CBC 1985 11-10.2(j); Ord. 2004 c. 13 § 1)
The Commissioner of the Parks and Recreation Department, the Animal Control Officer the Commissioner of the Boston Police Department, and the Commissioner of the Boston Municipal Police Department shall have the authority to implement and enforce these Sections and any rules and regulations promulgated pursuant thereto.
(CBC 1985 11-10.2(l); Ord. 2004 c. 13 § 1; Ord. 2014 c. 15 § 2)
If any provision of these Sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 11-10.2(m); Ord. 2004 c. 13 § 1)
These Sections shall be construed harmoniously with all laws, ordinances, orders, rules, regulations and policies regarding parks, public spaces and animal control such that all laws, ordinances, orders, rules, regulations and policies effectively provide the greatest level of public health, public safety, equity and fairness.
(CBC 1985 11-10.2(n); Ord. 2004 c.13 § 1)
(A) Nothing in these Sections shall operate to immediately invalidate any dog park existing at the time of passage of these Sections except that any pre-existing concerns/problems may be forwarded in writing to the Commission and such concerns/ problems shall be immediately addressed. Any dog park existing at the time of passage of these Sections shall be closed within one year of passage of these Sections unless an applicant undertakes the application process for any dog park existing at the time of passage of these Sections to become a DRS pursuant to these Sections subject to all of the rights, responsibilities, obligations and duties therein, specifically including, but not limited to, the probationary period in Subsection 11-10.2(d)(D).
(B) Nothing in these Sections shall operate to invalidate any dog park that has been designed and/or approved by the Parks and Recreation Department or the Parks and Recreation Commission prior to the passage of these Sections except that any pre-existing concerns/problems may be forwarded in writing to the Commission and such concerns/problems shall be immediately addressed. Any such dog park existing at the time of passage of these Sections shall be closed within one year of passage of these Sections unless an applicant undertakes the application process for any such dog park existing at the time of passage of these Sections to become a DRS pursuant to these Sections subject to all of the rights, responsibilities, obligations and duties therein, specifically including, but not limited to, the probationary period in Subsection 11-10.2(d)(D).
(CBC 1985 11-10.2(o); Ord. 2004 c. 13 § 1)
(A) The provisions of these Sections shall be effective only until the fifth anniversary of the date of passage unless extended by an order of the Boston City Council and approved by the Mayor of the city no later than the ninetieth day following the fifth anniversary of the date of passage.
(B) The provisions of these Sections may be serially extended by an order of the Boston City Council and approved by the Mayor of the city no later than the ninetieth day following the fifth anniversary of the date of extension. No individual extension of these Sections may be for a period longer than five years.
(CBC 1985 11-10.2(p); Ord. 2004 c. 13 § 1)
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